User Agreement
Terms and definitions.
Agreement is this user agreement defining the rights and obligations of the copyright Holder, Users and third parties.
Platform is the website located at Darwin.gold (http://app.darwin.gold/)
Right Holder is the owner of the Platform.
Business User is a capable individual, individual entrepreneur or legal entity who has visited and / or uses the Platform to implement their business processes, as well as promote business projects, whose status depends on the Registration, and whose opportunities depend on the type of the Service used.
User is a legally capable individual, individual entrepreneur or legal entity who has visited and / or uses the Platform for purposes not related to the implementation of business processes, whose status depends on the Registration, and whose opportunities depend on the type of the Service used.
Registration is the established procedure of actions after which the User is granted access to the Account and Services.
Account is a unique account that allows the Administrator to identify the User by login and password and provides the User with access to the personal backoffice.
Service is part of the platform / website, endowed with certain functionality to provide services to the Users.
Content is any object placed on the platform / website including texts, comments, design elements, graphics, illustrations, video and photo materials, etc., which belong to the Right Holder, Users, third parties.
Applications are rules governing the provision of Services, which are an integral part of the Agreement and subject to application in the presence of contradictions with the text of the Agreement.
Products are services provided by the Company for the development of the computer programs, grouped on the website depending on the nature, conditions and other rules. By purchasing products, the user can achieve monthly returns, whereby predetermined percentages have an upper yield limit and can also be lower (=flexible return or flexible yield with an upper yield limit).
Consent is the document "Consent to personal data processing" which determines the procedure for processing personal data and is an integral part of the Agreement.
Means of payment are the financial instruments developed and implemented on the Platform that are owned and fully controlled by the Business User and used by them to promote their business projects. The Platform has no legal relation to the means of payment offered by the Business User.
Place of Conclusion and Execution of this Agreement is Kingstown, St. Vincent and the Grenadines.
Upline is a User who gets a new user to register at app.darwin.gold with the referral link of the upline. The upline is also referred to as the sponsor of the new User. The sponsor who got such a new User (= Firstline of the Upline) into the business will be the immediate upline Upline may also earn a Firstline Bonus.
Firstline Bonus This is a flexible commission earned by a User from direct investments of a new User on the Platform with the referral Link of the Upline-User. Flexible commission means that the commission has an upper yield limit but can also be less.
Downline Bonus. This involves flexible commissions from the sales or recruitment activity of people you invited (your downlines). For instance, if someone you invited (A) recruits another person (B), and B makes sales, you get a percentage of B’s sales.
Leader Pool Bonus. Reserved for high-ranking Users, which achieved a certain level of Rank,-Downline- and Firstline bonus. A flexible portion of the company’s overall profits is pooled and distributed among these leaders. The more successful your network, the higher your share of the pool.
Pool Bonus. By achieving certain personal investments, firstline bonuses and downline bonuses, a user can generate a flexible pool bonus on a monthly basis. The flexible pool bonus is shared among qualified Users.
Rank Bonus. By achieving certain personal investments, firstline bonuses and downline bonuses, a User can generate a one-time Rank bonus. This serves as a reward for reaching a new level.
User agreement
1.General terms.
Darwin Marketing Ltd. Suite 305, Griffith Corporate Centre, Kingstown, St. Vincent and the Grenadines, License No.: 27115 ВС 2024 (hereinafter referred as Company ), offers the Internet user (capable physical identity using app.darwin.gold (hereinafter referred also as Platform) in its own interests or acting on behalf of and in the interests of the legal entity represented by it) (hereinafter the User) to use app.darwin.gold and the services placed on it (hereinafter the Services) on the terms set forth in this user agreement (hereinafter – the Agreement). The Agreement shall enter into force from the moment the User agrees to its terms in the manner provided for in clause 1.4 of the Agreement.
1.2. This Agreement governs only the terms and conditions of app.darwin.gold using. The provisions of this Agreement are mandatory for all the Users who have registered through app.darwin.gold, or started using any of the Services.
The Company offers the User on the terms of the Agreement to use the opportunities and the Services available on app.darwin.gold.
1.3. The use of the Services is also regulated by the Company's agreements placed in each section of the respective Service on app.darwin.gold. This Agreement may be amended by the Company without any special notifications to the User, to which the User agrees in advance. The new version of the Agreement shall enter into force upon its posting on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is on the webpage app.darwin.gold.
1.4. From the moment of opening or using any page of any of sections on app.darwin.gold by the User from any technical device in the Internet browser, including any mobile application, the User agrees to the actual terms of the Agreement in full, without any reservations and exceptions. The User is also asked for consent to the Agreement at regular intervals.
Accessing services of app.darwin.gold the User acknowledges that he/she has concluded and approved this Agreement and contracts accompanying each of the types of services and products, and also agrees to perform actions on the part of the Company to execute the concluded agreements.
At the same time, obtaining access, as well as any other type of use by the User of Products and Services (purchase of the Product, provision of property and any other actions arising from the execution of contracts or related to them) offered by the Company are qualified as conclusive actions and is leading to the conclusion of this Agreement.
If the User disagrees with any of the provisions of the Agreement, the User may not use app.darwin.gold and must refrain from using it. If the Company has made any changes to the Agreement in the manner provided for in paragraph 1.3. of this Agreement with which the User does not agree, he/she is obliged to stop using app.darwin.gold.
The User's disagreement with the rules of rendering services, Products and the Services of the Company can be expressed only in the form of presentation to the Company in a message with the developed motivation (claim) and actual refusal or immediate termination of use of any products and services of the Company. Notification by the User to the Company of disagreement with certain terms of interaction, without actual termination of the use of the Company's services, does not indicate disagreement of the User. Continued use of the Services and the Products of the Company, even after expressed disagreement, shall be qualified as approval of the terms by the User.
1.5 The User expressly understands and agrees that the Company cannot guarantee any monthly fixed return on funds deposited by the User on app.darwin.gold. Contractually agreed percentages for return payments on the USDT deposited as well as other monetary payments between the Company and the User (e.g. Pool Bonus, Firstline Bonus, Downline Bonus, etc.) are to be understood as an up to monthly payment. This also means that the return payments as well as other monetary payments between the Company and the User can be within the maximum achievable percentage return and no return. As a result, the User cannot derive or assert any claims against the Company from the non-payment of a monthly return or any other monthly payments (e.g. Pool Bonus, Firstline Bonus, Downline Bonus, etc.).
2. User’s personal account.
2.1. By posting credentials and other data and information and joining the Agreement, the User expresses his/her consent to the Company to process credentials and other data, to reflect them in the User’s profile. The User agrees to transfer accounting and other data to third parties, including for the purposes of their processing, to ensure the functioning of app.darwin.gold services, implementation of partnership and other programs and the Services of the Company.
2.2. The purpose of processing the User’s credentials is to provide the User with the possibility of using the Services and granting the rights to use additional functional software capabilities of app.darwin.gold, carrying out advertising campaigns, conducting statistical research and analysis of the statistical data obtained, the implementation of other actions described in the Agreement. Processing of the User’s credentials is carried out within the period from the moment of registration of the User and until the moment of deletion of his/her account.
2.3. The User agrees that the Company in the process of working with the accounting data has the right to perform the following actions with the accounting data: collection, systematization, accumulation, storage, use, destruction and other necessary for the purpose of execution of the Agreement. After registering an account on app.darwin.gold the Company has the right to fill the User's account with content, including adding information about the User's orders, placing advertising and other information. The User undertakes not to post on app.darwin.gold Services e-mail addresses and other personal information of the other Users or any third parties without their personal consent to such actions.
2.4. The User is personally responsible for the safety and security of his/her password and information data. The Company cannot be held liable by the User if the password gets lost or hacked.
2.5. The Company is not responsible for and does not guarantee the security of the User’s data in the following cases, whereby the list is not exhaustive and includes also similar cases in particular: transmission of the User’s password by the User to third parties (intentionally or inadvertently); third party access to the electronic mailbox of the User with the use of software allowing selection and/or password decoding; access of third parties to the electronic mailbox of the User by simply guessing the password; the User’s non-fulfillment of the recommendations specified in this Agreement or the Service interface.
2.6. The User is solely responsible for the security (resistance to guessing) of the means chosen by him/her to access the account, and also independently ensures their confidentiality.
All actions within or using the Services under the User’s account are considered to be performed by the User himself/herself, except for the cases when the User, in the manner provided for in clause 2.8.1.of this Agreement, notified the Company of unauthorized access to the Services using the User’s account and/or any violation (suspected violation) of the confidentiality of their means of access to the account (password).
2.7. The User undertakes to comply with and implement additional recommendations of the Company in addition to those provided in this Agreement and related to improving the security of his account.
2.8. The user undertakes:
2.8.1. Immediately notify the Company of any unauthorized use of the User's password or account, or any other breach of security.
2.8.2. Log out of his/her account (end each session by clicking the "log out" button) when finishing working with the personal account. The company shall not be liable for any loss or damage of data that may occur due to non-compliance of the recommendations set out in section 2 of this Agreement.
2.9. The User’s password cannot be recovered. Customer support of the Company will not be able to recover the password guaranteed. The company recommends to protect your password and fill out the registration form of the Services accurately, correctly and fully.
2.10. The User has the right to delete his/her account from app.darwin.gold at any time, especially if the User does not fulfill the obligations under this Agreement.
2.11. By entering into this Agreement, the User confirms that he/she does not belong to persons engaged in financing terrorist activities, money laundering activities, carrying out legalization of funds obtained by criminal means and is not convicted on the basis of legally binding criminal (financial) proceedings etc. The funds provided by the User for the purchase of products and services of the Company are legal, acquired legally and belong to the User on the basis of ownership. In case of non-fulfillment of these guarantees, the potential User shall refuse to enter into this Agreement. Furthermore, the Company has the right to delete the account of the User in case of non-fulfilment of these guarantees.
2.12. In the case that the User is legally married, he/she ensures that products and services of the Company acquired by him/her at the expense of property belonging exclusively to the User or to property acquired during the marriage, however, the other spouse informed about these intentions to purchase services of the Company and expressed consent.
3.General terms on the use of the Services.
3.1. App.darwin.gold is established for the purpose of carrying out activities with the assistance of the Users in their activities for the purpose of generating income. App.darwin.gold provides access to the Services that are available through a personal computer and mobile devices, both currently existing and those that will be developed in the future.
3.2. The Company does not assume any responsibility for the User's settings, and is not responsible for the compliance of the Service with the User's goals. All issues of granting access rights to the Internet, as well as setting up for this relevant equipment and software products are solved by the User independently and do not fall under the scope of this Agreement.
3.3. The User agrees that the Company may collect anonymized statistical data on Users of the Services.
3.4. The Company has the right to send its Users information messages concerning the Services.
3.5. The Company has the right to establish any additional requirements and restrictions in relation to registration on app.darwin.gold and use of the Services of app.darwin.gold.
3.6. In order to use app.darwin.gold as a set of computer programs, the Company grants the User (licensee) on the terms of a simple (non-exclusive) royalty-free license the right to use free functional (software) features of app.darwin.gold.
3.7. Furthermore, the Company is obliged to identify the Users conducting transactions and those on whose behalf or account the transactions are conducted before any transaction is carried out (“KYC”). In this context, to fulfill our obligations, the Company may request information including your first name, last name, address, phone number, email address, place and date of birth, occupation, country of residence, nationality, government-issued identification number, tax identification number, bank account details, live video or photo, purpose of the transaction, and source of funds (KYC Documents). The nature and scope of the information requested by the Company within this scope may vary depending on the Company´s risk assessment policy. In some cases, the Company may request additional KYC Documents from the User. Until such information is received in a timely manner and in accordance with the conditions determined by the Company, the Company reserves the right not to execute the User’s transaction orders.
4. Terms of use of the Services.
4.1. The User is solely responsible to third parties for their actions related to the use of app.darwin.gold, including if such actions will lead to violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Services.
4.2. When using the Services, the User may not:
4.2.1. Impersonate another person or representative of the organization and/or the Company, including the staff of the Company, without having any right to this, as well as use any other forms and methods of illegal representation of other persons in the network, as well as mislead the Company about the properties and characteristics of any subjects or objects.
4.2.2. Send, transmit or otherwise post and/or distribute content of the Company in the absence of rights to such actions, according to the legislation.
4.2.3. Disrupt the normal operation of app.darwin.gold and the Services.
4.2.4. Promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement.
4.2.5. Otherwise violate the norms and laws applicable to the User, including the norms of international law.
4.3. The User, using the functionality of the Services, agrees that the User's information can be transferred and transmitted as required by the Services ordered by the User, and only to the extent necessary for the proper provision of these Services.
4.4. The Company may:
4.4.1. Add, modify, delete Content on app.darwin.gold and of this Agreement at its own discretion.
4.4.2. Delete information posted on the website and in social networks by the User, when such information violates the terms of this Agreement or the rights of third parties.
4.4.3. Discontinue the operation of the Platform app.darwin.gold, restrict or terminate access to it for the time necessary for maintenance and/or modernization of the website.
4.4.4. Modify commissions regarding Firstline Bonus, Downline Bonus, Leaderpool Bonus and Pool Bonus on its own discretion. It is agreed that the bonus payments referred to above are flexible commissions and are paid to the User primarily for promotional purposes.
The User understands and accepts this and does not derive any claim whatsoever against the Company regarding bonus payments.
The User understands and accepts this and does not derive any claim whatsoever against the Company regarding bonus payments.
4.5. Interaction between User and Company – Account Types.
4.5.1. The Company, being the owner of the Platform, does not make any payments, does not acquire any rights and obligations from the relations on transfer of payment means, and is not a recipient of funds and property transferred by the User. It is not a payment system, but it acts as a subject providing information services about the facts of settlements between third parties, based on information provided by the Users of the Platform. Payments shall only be done in USDT (no currency payment) by the Company.
4.5.2. In this case, the platform accounting tools, for the execution of which the executive mechanism is used between Users, is considered completed from the moment the accounting tools are credited in the User's personal account. Termination or refusal from the agreement for the acquisition of platform accounting tools at the will of the User is not acceptable. To inform about upcoming transactions between the Users of the Platform, the Company grants the Users the right to use the Platform's information services about settlements between them.
4.5.3. The Parties can use the information Services “Master account", "Bonus account” and “Safe Account”:
– "Master account" is a resource for informing the Users of the Platform about the Commission and/or possibility of making payments between the Users of the Platform in quantitative and/or aggregate terms. The use of this information resource by the Users of the Platform assumes that payments between the Users of the Platform are made in full and without using the platform. At the same time, the completed payments represent the transfer of a security payment aimed at guaranteeing the fulfillment of the obligations of towards each other (conclusion and execution of the Agreement) and are not subject to refund.
– "Bonus account”. All returns on the products purchased by the User are paid and collected in USDT on this account.
“Safe Account”. A payout of the credit balances in this account will only be made at the discretion of the Company if it is economically possible for the Company to do so. This means that a payout from this account by the User can only be made, in a percentage specified by the company, when the company has made its payments to the Users on the bonus account in the amount of the maximum monthly amount and at the same time has built up reserves, whereby the company is also entitled - without the user having any legal claim to this - to make payments to the User on his bonus account even if the maximum payable return is not reached. The User understands and expressly agrees that he/she cannot derive any payment claims whatsoever from the credit balances in the Safe Account.
“Marketing Account”. All (flexible) commissions in connection with Pool Bonus, Firstline Bonus, Downline Bonus and Rank Bonus are paid in USDT to the User by the company on this account. Pool Bonus, Firstline Bonus, Downline Bonus and Rank Bonus are together also referred to as Marketing Plan Bonus.
5. Rights and obligations of the parties
The User is obliged to:
5.1. in case of any change of personal data to notify the Company of the occurrence of such changes by sending a corresponding notice with documentary confirmation of the changed information to the Company's e-mail: [email protected] ;
5.2. provide only reliable, up-to-date and accurate data throughout the entire period of cooperation with the Company;
5.3. when performing any actions within the framework and for the purposes of this Agreement, to provide third parties (indefinite circle of persons, including potential User) with accurate, actual, reliable and understandable information about the Company and its products;
5.4. not to use the Company's name, its trademarks, logos, as well as any derivatives of the Company's brand, including when registering domain names, in order to mislead potential Users of the Company by making an impression of the Company's official websites. The Company has the right to change the condition of this clause in relation to each User at its own discretion;
5.5. inform potential Users about all risks of activities carried out within the Company, and at the same time the warning about risks should be written in accessible, understandable, bold font and placed not below the contact and legal information;
5.6. describe to the potential User both advantages and disadvantages of activity on the trading platform of the Company, as well as financial instruments themselves, in an accessible and comprehensive manner.
5.7. under no circumstances and in any form, directly or indirectly, not to give guarantees, promises, positive forecasts and established amounts of profit on behalf of the Company;
5.8. not to use any methods of aggressive marketing in his actions to convince potential Users to register as Users on app.darwin.gold, including if as a result of such actions the User has deposited a larger amount than he planned when opening an account. Any forms of aggressive marketing may result in the Company closing the account of such a misbehaving User;
5.9. to take all necessary actions to comply with all applicable laws and regulations. In particular, the User may only publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws. The Company retains the sole and exclusive discretion to determine whether Affiliate´s advertising and conduct is in compliance with the principles of the Company;
5.10. to warrant that social media posts, and any other advertising materials will not infringe the Company´s or anyone else's intellectual property, publicity, privacy or other rights;
5.11. to warrant that published contents are not threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials;
5.12. to warrant he/she will not use software or technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
5.13. not to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of the Company, any brand name of the Company, or based on the trademarks or brand name of any competitor of the Company, or any other third party.
5.14. not to offer monetary incentives, such as rewards points, cash, or prizes to potential investors in return for their response to an advertisement.
5.15. not to engage in deceptive, manipulative or fraudulent behaviors (whether done independently, in coordination with a Prospect, or another affiliate) or otherwise engage in conduct that, in Companys own discretion, is abusive or outside the spirit of the Company in order to acquire additional Commissions (e.g.: “Affiliate grabbing”. Means to use the affiliate network of the Company or other User to integrate other Users of the Platform/Company for other – unserious – investment platforms/programs in an unlawful or an objectionable manner). Furthermore, the User shall not conduct any behavior that damages the reputation and prestige of the Company.
5.16. to be permanently informed about investment programs, payout modalities and the Affiliate earning system of Company to the latest valid status, if the User is also Upline for other Users. As an upline, this User has a duty to pass on information to its Firstline to ensure an appropriate flow of information. Furthermore, the Upline-User is obliged answer questions by its Firstline-Users and support them as far as possible. Consequently the (Upline)-User is obliged to attend meetings, Zoom Calls or other information channels in an appropriate manner. An Upline-User especially fails to fulfill this obligation if one or more of his Firstline Users are stating that their Upline is not available, does not provide any information or only provide insufficient information regarding products and Services of the Company or on the Platform.
In case the User fails to comply with one of the clauses of 4.2.1 – 4.2.5 and/or 5.1. –
5.17. of this Agreement, the Company reserves the right to suspend or terminate payments on the Bonus and/or Marketing Account of the User. The duration of the suspension depends on the severity of the breach of the Agreement by the User. The Company shall be responsible for assessing the severity of the breach of the Agreement by the User in its own discretion.
6. Termination of the User's account.
6.1. The User agrees that the Company reserves the right to terminate the User's account on app.darwin.gold at any time without prior notice to the User for the following reasons:
● violation of the provisions of this Agreement, as well as amendments to it, which are an integral part of it;
● at the appropriate request of the authorities, according to the legislation;
● in case of dissemination by the User of unconfirmed negative information about the Company;
● due to unforeseen technical problems or safety-related circumstances, etc.
● User is not accepting the terms of this Agreement or any Amendment or change to this Agreement.
5.3. The Company has the right to delete the User's account on Darwin.gold and/or suspend, restrict or terminate access to any of the Services, if the Company finds in the actions of the User signs of violation of the terms of this Agreement, without explaining the reasons for such actions. Furthermore darwin.gold is entitled to take legal proceedings against a User for reimbursement of any and all relevant costs on an indemnity basis resulting from the breach of this Agreement by the User.
The reasons for termination of the Account of the User listed herein and in 4.2.1 - 4.2.5 and in 5.1 - 5.15 of the Agreement are only demonstrative and not exhaustive. In principle, the Company is entitled to terminate the User's account immediately in the event of serious violations by the User that lead or could lead to a financial damage or damage of reputation to the Company.
In the event of extraordinary termination by the Company as described here in point 6.1, the User shall receive back the deposit existing at the time of termination. In case of a very serious or repeated breach of the Agreement by the User, the User shall receive back just the deposit paid by him. The Company shall be responsible for assessing the severity of the breach of the Agreement by the User in its own discretion. The repayment shall be divided into three installments. The first installment in the amount of 20% within 30 days, the second installment in the amount of 30% within 90 days and the third installment in the amount of 50% within 180 days.
6.2. The Company has the right to delete the User's account on app.darwin.gold and/or suspend, restrict or terminate access to any of the Services, if the Company finds in the actions of the User signs of violation of the terms of this Agreement or the Company.
7. Termination of Products on app.darwin.gold
7.1 At the end of the term for a product on the platform, the User is entitled to cancel this product. Cancellation of a product must be made 30-60 days before the end of the term of the respective product. If the user does not cancel the product on the Platform in good time, the respective product shall be extended at the currently valid conditions for this product by the term of the expired product.
7.2 If the User has canceled his product on the app.darwin.gold platform in good time according to 7.1 of this Agreement, the funds accrued for this product will be paid out to the User's bonus account within 60 days of the end of the term of the canceled product. During this 60-day period between product termination and product payout, the User will not receive any returns on the terminated product.
8. Exclusive rights to the content of the Services and the Content.
8.1. The User undertakes not to reproduce, copy, repeat, sell or resell, as well as not to use for any commercial purposes and not to make available to the public, not to distribute the program of app.darwin.gold in whole or any part of the Services of app.darwin.gold (including the Content available to the User through the Services), or access to them, except where the User has previously received such permission from the Company.
8.2. All objects accessible through the Services and app.darwin.gold, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter the Content of the Services), as well as any content posted on the Services and app.darwin.gold, are objects of exclusive rights of the Right Holder and other rights holders.
8.3. Use of the Content, as well as any other elements of the Services and app.darwin.gold is possible only within the functionality offered by a particular Service. No elements of the Content of the Services and app.darwin.gold, as well as any content posted on app.darwin.gold, may not be used in any other way without the prior permission of the copyright holder. Use includes but is not limited to: reproduction, copying, processing, distribution on any basis, display in a frame, etc. Exception are the cases expressly provided by law. The User's use of elements of the Services' content, as well as any content for personal non-commercial use is permitted provided you retain all the copyright, related rights, trademarks, other notices of authorship, save the name (or alias) of the author/right holder's name unchanged, maintaining appropriate object unchanged. Exceptions are cases expressly provided for by law.
9. Breaks in app.darwin.gold work.
9.1. The Company has the right to perform preventive works in the Services with temporary suspension of the Services.
9.2. In the case of force-majeure circumstances, and also accidents or failures in hardware-software complexes of third parties cooperating with the Company, or actions of third parties aimed at suspension or termination of functioning of all or part of the Services, suspension of the Services without notice and without liability to the Users is possible.
10. Feedback and complaints procedure.
10.1. The User who believes that his/her rights and interests are violated due to the actions of the Company, can send an appropriate appeal. The Customer Support Service deals with the consideration of requests in accordance with the General procedure for consideration of incoming requests. All requests, including regarding the operation of the Services, the User can send via the chat on any page of the website app.darwin.gold or email [email protected]. The User and the Company agree that all possible disputes regarding the Agreement will be resolved in accordance with the provisions of the current legislation of St. Vincent and the Grenadines.
10.2. All disputes between the parties under this Agreement shall be settled by correspondence and negotiations using the mandatory pre-trial (claim) procedure. In case of failure to reach agreement between the parties through negotiations within sixty (60) calendar days of receipt by the other party a written claim, the dispute shall be submitted by any interested party to the court at the location of the company (excluding the jurisdiction of any other courts).
10.3. The court's recognition of any provision of the Agreement as invalid or not enforceable shall not entail the invalidity or unenforceability of other provisions of the Agreement.
11. Changes and additions to the Agreement..
11.1. This Agreement may be amended by the Company without any prior notice. Any changes to the Agreement made unilaterally by the Company shall enter into force on the day following the date of publication of such changes on the Platform (app.darwin.gold) according to this Agreement. The User undertakes to independently check the Agreement for changes. Failure by the User to perform actions on familiarization may not serve as a basis for failure by the User to fulfill its obligations and non-compliance by the User with the restrictions established by this Agreement.
11.2. In case of adoption by authorities of the regulatory legal acts affecting entirely or in part functioning of app.darwin.gold, the Company also reserves the right to make any changes to the functioning of the Services and app.darwin.gold, aimed at bringing the Company's activities in line with the new standards.
11.3. The User has the right to refuse to accept changes and additions to the Agreement and/or individual Services, which means the User's refusal to use app.darwin.gold and/or individual Services and all previously granted rights.
12. Responsibility.
The User understands and agrees that:
12.1. The Company does not warrant that the Services and Platform will meet the requirements of the User; will be uninterrupted, timely, secure or error-free; the results that may be obtained will be accurate or reliable; quality of any product and other information obtained using the Services will meet the User's expectations, and that all program errors will be corrected. The software of the Services, computer programs with respect to any Services that ensure the functioning of the Services, is licensed to Users on the principle of providing a non-exclusive license, without warranty of performance and technical support.
12.2. The Company shall not be liable for any direct or indirect losses resulting from the use or inability to use the Services and app.darwin.gold; due to unauthorized access to User's communications; due to fraudulent activities of third parties.
12.3. The Company is not responsible for the deposit and withdrawal of funds from the User's account when using third parties and third-party organizations.
12.4. The user expressly agrees that he/she has independently inquired about the offers, products and projects of the Company or app.darwin.gold. The user also expressly agrees that the funds invested by him/her are risk capital and is also aware that a total loss of the financial resources invested by him/her is possible.
13. Privacy.
13.1 The Company may use some technologies to identify the User, including the use of cookies. The Company uses cookies for marketing purposes to study the preferences of the User, in order to register visits by the Users of app.darwin.gold, remembering pages and links that the Users clicked. The Company uses this information to app.darwin.gold and displayed on app.darwin.gold advertising as accurately as possible corresponded to the interests of Users. For the same purposes, the Company may also transfer this information to third parties. At the same time, such identification is non-personalized and generalized, the Company monitors the actions of individual Users. The specified data can be provided to authorized state bodies according to the current legislation.
13.2. Within the functioning of the Services of app.darwin.gold the secrecy of messages and the confidentiality of information about Users shall be ensured, except for the cases stipulated by the legislation of St. Vincent and the Grenadines and this Agreement.
14. Other provisions.
14.1. This Agreement is a contract between the User and the Company regarding the use of the Services of app.darwin.gold and supersedes all previous agreements between the User and the Company on the above issues.
14.2. This Agreement shall be governed by and interpreted in accordance with the laws of of St. Vincent and the Grenadines. Issues that are not regulated by this Agreement shall be resolved in accordance with the legislation of St. Vincent and the Grenadines
All possible disputes arising out of the relations regulated by this Agreement shall be settled in accordance with the procedure established by the current legislation of St. Vincent and the Grenadines, according to the norms of the law of St. Vincent and the Grenadines. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" shall mean the legislation of St. Vincent and the Grenadines.
14.3. Due to the gratuitousness of the Services provided under this Agreement, the rules on consumer protection provided by the legislation may not be applicable to the relations between the User and the Company.
14.4. Nothing in the Agreement can be understood as the establishment between the User and the Company of partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in the Agreement.
14.5. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions of the Agreement.
14.6. Inaction on the part of the Company in case of violation by the User or other users of the provisions of the Agreements does not deprive the Company of the right to take appropriate actions to protect its interests later, and also does not mean the Company's waiver of its rights in case of subsequent similar violations.
14.7. This Agreement is made in English language. The current version of the user agreement is always available on the website app.darwin.gold.